Retroperitoneal Fibrosis Compensation Claims
If your life, or the life of a loved one, has been affected by a retroperitoneal fibrosis injury we can help.
The purpose of this guide is to help anyone who has suffered a retroperitoneal fibrosis injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
retroperitoneal fibrosis compensation:
Retroperitoneal fibrosis is also known as Ormond's disease. When the mass of fibrous tissue develops at the back of the abdomen, it can cause numerous problems. The Courts recognise that the symptoms of retroperitoneal fibrosis can be painful and extremely disruptive to an individuals life and ability to work. Symptoms include:
- Back, stomach and abdominal pain
- Fever, vomiting and nausea
- Weight loss and fatigue
- Kidney damage and in severe cases kidney failure
When making a compensation award or settlement, the specific symptoms an injured claimant is experiencing will be considered, along with their impact on the individual's life.
Do I have a retroperitoneal fibrosis claim?
You should be able to make a retroperitoneal fibrosis injury claim if you were injured:
- in the last three years, and;
- someone else was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a retroperitoneal fibrosis claim on their own behalf.
What if there is no evidence?
Evidence can take the form of eyewitness accounts, CCTV footage, photographs etc. It will be difficult to win a retroperitoneal fibrosis claim with no evidence at all. You may feel that there is no evidence but a solictor may well be able to assist in collating evidence that you, as a claimant, were unaware of.
Linking retroperitoneal fibrosis to an asbestos-related injury claim
In many cases the cause of retroperitoneal fibrosis is not known.
However, studies have shown that exposure to asbestos can be a cause, and as a result it may be possible to make an asbestos-related compensation claim. A medical examination and report, carried out by an independent medical specialist, will be a key piece of evidence when attempting to demonstrate a link.
Your solicitor will arrange for a medical to be carried out in support of your claim.
Time limits and diagnosis
The connection between asbestos exposure and retroperitoneal fibrosis is not widely known. The condition often develops many years after the exposure took place - usually 40 to 60 years later.
Compensation claims are normally restricted to a 3-year time limit. In the case of long-gestating conditions, the time limit applies from the date you became aware of the condition.
If you think you may have developed retroperitoneal fibrosis as a result of asbestos exposure in the work place, it is important to ensure that the doctor or consultant who examines you is aware of your exposure to asbestos in the past.
Claiming compensation for retroperitoneal fibrosis due to asbestos exposure can be complex. Family members of individuals who worked in asbestos exposed areas may have been indirectly exposed by coming into contact with asbestos-contaminated clothes or hair.
If a family member develops retroperitoneal fibrosis later in life, it can be more difficult to prove when making a compensation claim. A solicitor will be able to discuss your options with you in such a case.
The amount of money you could claim for your retroperitoneal fibrosis will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your retroperitoneal fibrosis has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a retroperitoneal fibrosis? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
What is the average injury compensation for a retroperitoneal fibrosis claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a retroperitoneal fibrosis will depend entirely on your specific circumstances.
Your retroperitoneal fibrosis compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
Should I set up a personal injury trust?
If you are receiving means-tested benefits and are awarded compensation following a retroperitoneal fibrosis injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Retroperitoneal fibrosis compensation
Calculating how much compensation you can claim for a retroperitoneal fibrosis injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your retroperitoneal fibrosis claim could be worth now:
How long does a retroperitoneal fibrosis claim take?
How long it can take to get compensation for retroperitoneal fibrosis can vary significantly.
For instance, a simple liability accepted injury claim could be settled in a month or two. If the defendant denies liability, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information on how long your claim could take, read: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your retroperitoneal fibrosis claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee
No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make a retroperitoneal fibrosis claim with:
- no upfront legal fees
- no solicitor's fees payable if your claim is not successful
- a success fee payable only if your claim is successful
No Win, No Fee is the most common way to make a compensation claim.
No win, no fee promise
Our no win, no fee guarantee means there is no financial risk in making a retroperitoneal fibrosis claim, even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my retroperitoneal fibrosis claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my retroperitoneal fibrosis claim?
If your retroperitoneal fibrosis claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. retroperitoneal fibrosis claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Retroperitoneal fibrosis FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a retroperitoneal fibrosis claim?
In general, you have a time limit of up to 3 years from the date of the retroperitoneal fibrosis to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your retroperitoneal fibrosis claim becomes 'statute barred'.
Can I claim for a retroperitoneal fibrosis after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim retroperitoneal fibrosis compensation.
In reality, there are a number of factors that can affect whether a retroperitoneal fibrosis claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert